United States v. Edward L. Powell

Opinion by Judge T.G. NELSON.

I

OVERVIEW

Edward L. Powell (Powell) appeals his conviction on a charge of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). The district court severed the firearm charge from three unrelated counts. The principal issue on appeal is whether Powell’s appeal from the first trial on the three severed counts divested the district court of jurisdiction, thereby precluding trial on the remaining firearm count. We hold that the district court had jurisdiction and affirm.

II

FACTS AND PROCEDURAL HISTORY

On June 21, 1991, a federal grand jury in the Northern District of California returned a four-count superseding indictment against Powell, charging him with conspiracy and attempt to murder a witness to prevent testimony in an official proceeding in violation of 18 U.S.C. §§ 371 , 1512, 1515 (counts one and two); use of a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924 (c) (count three); and being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) (count four). The district court granted Powell’s motion to sever count four from the first three counts on September 26,…